Professional Documents
Culture Documents
A REPORT ON UBUNTU
Leonhard Praeg
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Published in 2014 by University of KwaZulu-Natal Press
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Pietermaritzburg
South Africa
Email: books@ukzn.ac.za
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Natal Press.
ISBN: 978-1-86914-256-8
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C O N T E N T S
Acknowledgements viii
Preface x
Part I 31
1 A Political Economy of Obligation 33
2 African Modes of Writing and Being 83
Part II 133
3 African Socialism 135
4 The Law: First Epoché 179
5 The Law: Second Epoché 224
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INTRODUCTION
I N T R O D U C T I O N
Three Fragments
Fragment I: Responsibility
P erhaps the most appropriate way to introduce this book is to offer a brief
explanation of its curiously officious title, A Report on Ubuntu. The notion of
a ‘report’ carries a variety of associations, meanings and pompous appeals to
authority and their legitimation. One may well imagine a monarch or a minister of
cultural affairs commissioning a ‘report’ on Ubuntu, which could end up bearing a
subtitle such as this. Of course, we know that whoever commissions a report
always has a vested interest in what will be reported, which means that it is very
difficult to imagine a report that truly asserts its freedom to report whatever its
findings may be. Consider an extreme example: A report is commissioned and
includes among its findings, perhaps even listing as one of its major
‘recommendations’, that the governing body or person who commissioned the
report lacked the necessary authority to do so. A curious outcome, indeed. In what
sense would such a report still be an official report? Perhaps only in the rather
complicated sense that by questioning or denying the authority of the commissioning
body or person, the report will implicitly or explicitly appeal to some other authority
as the true source of its legitimation – the ‘discipline of philosophy’, for instance,
or perhaps more romantically, the ‘people’. The report may even elaborate on its
subversion of the commissioning authority: ‘It is not within the purview of the
minister’s power to canonise the issue under investigation by appointing consultants
and researchers to define, circumscribe and legitimise certain voices while
marginalising others – which, in the experience of the writer of this report, is always
the invariable outcome of official reports . . .’ and so on and so on.
I imagine it was something along these lines that the French philosopher Jacques
Derrida had in mind when, in one of his lesser-known writings, ‘Mochlos; or: The
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Today the minimal and in any case the most interesting, most novel and
strongest responsibility, for someone attached to a research or teaching
institution, is perhaps to make this [politics], its system and its aporias as
clear and thematic as possible. In speaking of clarity and thematization . . .
I still appeal to the most classical of norms, but I doubt that anyone could
omit to do so without, yet again, putting into question every thought of
responsibility . . . (1992b: 22).
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INTRODUCTION
What does it mean to suggest that responsibility consists in making this politics,
‘its system and its aporias as clear and thematic as possible’? I shall take Derrida
to mean that our first responsibility as academics and intellectuals consists in making
visible the fundamental tensions and contradictions that are constantly reproduced
in the act of knowledge-production and in the institutions tasked with this process.
This sounds complicated, but it is really no more than an intellectually specific
way of saying that the first responsibility of students and scholars alike consists,
not in ‘giving an account of themselves’ or even ‘reporting back’ to the state or
society, with the intention of demonstrating usefulness, but rather in articulating
and making visible the politics that is constantly reproduced in and through our
institutions of higher learning.
Elsewhere (Praeg 2010b) I have responded to this demand to be ‘as clear and
thematic as possible’ by listing eight first principles that could assist us in thinking
through this responsibility. Four of these are particularly pertinent here:
1. The university is independent, not autonomous. There is a world of
difference between the claim to autonomy and the claim to independence.
The claim to autonomy prioritises freedom, while acknowledging some
accountability, while the claim to independence does the exact opposite: it
implies a recognition of accountability and responsibility, while asserting
some freedom (Praeg 2010b: 9). In a developing society such as South Africa,
it is only to be expected that this difference, as subtle and complex as it
may appear, will become pivotal in a debate on institutional (and academic)
freedom, responsibility and so on. How we interpret this difference is of
the utmost importance. What some may interpret as a clear instance of the
erosion of intellectual and institutional autonomy, others may well defend
as the need to balance the desire for autonomy with the responsibility implicit
in the recognition of independence. At a meta-level this may translate into
a contestation of values, an interrogation of Western-style autonomy (which
prioritises entities over relations) by a (postcolonial) African insistence on
independence (which prioritises relations over entities).
2. Some knowlege must be recognised as an end in itself. In other words, not
all knowledge produced by scholars and students has to be useful to society.
Universities do not only train citizens to do, they also educate them to be
(Vale 2010). The claim that a certain amount of freedom is indispensable
to exploring, recognising and embracing alternative ways of being as an
end in itself is the existential (and epistemological) equivalent of the claim
to institutional independence.
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An example may better illustrate what I am trying to articulate here. Few South
African students – of any cultural and/or class background – are aware of the extent
to which the post-apartheid economy and politico-juridical system congeals into,
or finds structural coherence in, the basic assumption that the autonomous, rational
individual is prior to (in the sense of being more fundamental than) social relations,
interdependence and the kind of obligations (moral, political, social) that would
follow from holding these relations as more fundamental. Of course, there is nothing
particularly South African about this. It merely reflects what it means to describe
a modern society in Western, liberal, democratic terms. In such a society, the basic
assumption or axiomatic is that the individual is an autonomous entity who enters
into relations with others solely on the basis of a rational and voluntary calculation
of self-interest. This assumption is reflected as much in a neoliberal economic
emphasis on the pursuit of self-interest as it is in a juridico-political order premised
on the protection of individual rights or in educational institutions that, through a
complex combination of curriculum choices and institutional arrangements (the
solitary research project, assessment practices and so on), prepare students for a
life consonant with such a notion of personhood and its implicit values.1 To raise
the question of Ubuntu as African philosophy or as a cornerstone of an African
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something, of doing politics? How are we to understand this ‘first and foremost’?
Readers who are familiar with philosophical practice will already have recognised
in this phrase the claim that the political is ‘First Philosophy’. That claim is central
to this report. More than that, it is a claim that I think every humanities student in
the postcolony should understand and appreciate. Because not all such students
(nor all readers) will be familiar with the philosophical notion of First Philosophy,
I want to summarise something of its meaning, not in the form of an abstract
philosophical argument (which would beg the question), but rather in a more
practical, perhaps prosaic manner, namely through philosophy’s oldest conceit,
the conversation.2
2. For more substantial, theoretical, representations of the argument that the political is First
Philosophy, see Praeg (2008a), reprinted in Au-delà des lignes: Fabien Eboussi Boulaga, une
pratique philosophique, edited by L. Procesi and K. Kavwahirehi. See also Gordon (2007).
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– You say ‘for a long time’. Sounds like philosophers have since changed their
minds?
– Well, in a sense, yes. The German philosopher Martin Heidegger argued that we
don’t only exist as creatures that want to have knowledge about the world. He
insisted that ‘knowing’ is only one kind of relationship we have with the world.
There are many others and our existence is much more multifaceted . . .
– Can you give me an example of another kind of relationship we have with the
world?
– Well, Heidegger argued that long before we set out to know the world, we already
have certain knowledge. At some level we already know, for instance, that we live
in the world, that we live in the world with other people and so on. These he called
‘modes of existence’ and, much in the same way that the categories of ‘space’ and
‘time’ structure our perceptions of the physical world, these modes make all our
experiences in and of the world possible – even the experience of knowing
something. Understanding these modes is the foundation of all philosophy. Because
they are what we call ontological questions, concerned with how we exist at all, it
must be that these ontological questions are the most fundamental questions we
can ask.
– Very interesting. I get a sense of what you’re after. It’s a bit like saying, ‘Understand
what it means to exist as a human being before you try to know the world.’
– I suppose so. But it did not end there. Things soon took another turn. Not long
after Heidegger, Emmanuel Lévinas came along and pointed out that this whole
project of understanding modes of existence is all very ‘me’: me understanding my
existence, me grappling with the modes of existence that make me aware of what
being a human being means to me and so on. What if, he argued, the most
fundamental questions are not ontological, but rather ethical? What if all these
modes of existence Heidegger talked about were, in some sense, a function of a
deep ethical confrontation with an Other, whom I should never, if I were to allow
them to remain Other or different from me, simply reduce to one element in a
‘mode of existence’? What if my first obligation consisted, not in knowing the
world or even in understanding what it means to be human, but rather in figuring
out how to respond to this other person who is standing right in front of me? Are
the most fundamental questions not perhaps ethical?
– I like that, but I’m not quite convinced . . .
– Think of it this way: Lévinas suggested that the most fundamental questions
relate to this Other whom I need to understand, but whom I constantly threaten to
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violate by imposing on him or her all sorts of ideas, prejudices and so on. I recognise
this Other, but my very recognition always threatens to make of the Other something
more like me, something . . .
– Oh, I get it; it sounds a bit like what the American jurisprudence scholar Duncan
Kennedy had in mind when he said that other people present me with a ‘fundamental
contradiction’ in the sense that they are both necessary for and a threat to my
freedom; without other people in the world I cannot meaningfully claim to be free,
but as soon as they enter the world, they also invariably pose a threat to my freedom.3
– Yes, I can live with that comparison. For Lévinas this meant that the most
fundamental questions are indeed ethical.
– Very interesting. This ‘primacy of the ethical’ of course resonates with being
African because of Ubuntu and all that. But I am also an African whose family as
recently as one generation ago suffered the most outrageous form of racial
oppression. Of course, we’re technically free now and the fact that I am standing
here having this conversation about what I should continue to study at this formerly
white university seems to demonstrate that fact. But it’s not that simple. And while
I think this Lévinas was onto something, I think there may be a kind of question
that is even more fundamental than ethical questions.
– Such as?
– Well, think back twenty years or so. During apartheid we would not have been
able to have this conversation – not here anyway because I would not have been
allowed on campus. I would have been excluded from conversations like this on
the basis of the colour of my skin.
– Your point being?
– Well, it seems obvious to me then that the most fundamental starting point for
any philosophical conversation should be questioning the mechanisms that decide
who is included and who is excluded from that conversation and whose traditions
of thought will or will not be invoked in that conversation. Perhaps the most
fundamental questions, the questions that every conversation should start with
are political, questions such as: How is the difference between the included and
3. In Chapter 5, I explore the work of Duncan Kennedy – ‘Form and Substance in Private Law
Adjudication’ (1976), ‘The Structure of Blackstone’s Commentaries’ (1979) and, to a lesser
extent, ‘Freedom and Constraint in Adjudication: A Critical Phenomenology’ (1986) – as well
Johan van der Walt’s discussion of these texts in Law and Sacrifice: Towards a Post-Apartheid
Theory of Law (2005).
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You try to draw everything into the net of your faith, father, but you can’t
steal all the virtues. Gentleness isn’t Christian, self-sacrifice isn’t Christian,
charity isn’t, remorse isn’t. I expect the caveman wept to see another’s
tears. Haven’t you even seen a dog weep? In the last cooling of the world,
when the emptiness of your belief is finally exposed, there’ll always be
some bemused fool who’ll cover another’s body with his own to give it
warmth for an hour more of life.
— Graham Greene, A Burnt-Out Case
I do not think it would be an exaggeration to say that the most fundamental political
matrix that structures our thinking about Ubuntu and that needs to be made visible
from the start is the tension between the local and the global, a tension that is truly
‘supercomplex’ (see Barnett 2000). New democracies such as South Africa have to
renegotiate what we may loosely refer to as the ‘social contract’. They have to
rearticulate citizenship in terms of a new understanding of duties, rights and
obligations – which in a context of radical pluralism is a complex business. This
becomes a supercomplex business when we realise that all of this has to be done in
the context of globalisation, marked by the systematic erosion of the power of
states and local cultures, in order to meaningfully contribute to our understanding
of what these concepts mean. In other words, new or emerging democracies have
to enter a global fitness landscape of competitive knowledge economies through
‘an intelligent use of the opportunities made possible by globalization whilst at the
same time facing up to the various challenges that are posed by globalisation to
their national identiy and resources’ (Jucevièienë and Vaitkus 2007: 43).
Like the university, states, nations and cultures are enmeshed in complicated
local and global networks of interdependence; they are structured by a fundamental
relationality within which they must fight for and maintain their political
independence as well as their cultural specificity. From a postcolonial perspective,
the most important characteristic of these networks is the asymmetrical nature of
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INTRODUCTION
their power (small countries contribute little, if anything, to the meaning of goods,
styles and ideas that circulate as ‘global’). This external assymetry is almost always
replicted as an internal asymmetry between elites and the poor, between those
who historically were and continue to be disadvantaged and those who have become
superadvantaged, either as a result of having obtained the political power to
dominate local networks or as a result of having managed to capitalise on the
interfaces between local and global networks that globalisation everywhere makes
possible.
Ubuntu, whose reinvention more or less coincided with South Africa’s
reinvention of itself as an African country and its readmittance to the global
community of states, was never going to escape this asymmetrical pull and push of
globalisation. In fact, as Wim van Binsbergen (2001) has convincingly argued, the
reason why Ubuntu is so very difficult to define is exactly because it is what some
complexity theorists would call a glocal phenomenon; that is, a phenomenon about
which it is impossible to to say whether its content derives exclusively from either
a local or a global imaginaire. The reason why Ubuntu has been and will remain
impossible to define is precisely because it is an interstitial concept whose meaning
has always been and will continue to be a function of the combination of local
needs and global expectations. I have argued before and continue to do so in this
report that the meaning of African humanism – what we call Ubuntu in southern
Africa – is constantly reproduced in the complex space between the local need for
cultural identity and a global demand for the expansion (and naturalisation) of
human rights, by essentially infusing the meaning of these rights with local
understandings, through a process that V-Y Mudimbe has described as ‘retrodiction’
(1991a: 13).4 Suffice it to say that since the start of decolonisation in Africa, these
local and global imaginaires have constantly intersected in order to reproduce very
different meanings of and for African humanism – at first a form of humanism,
then an African kind of socialism and, more recently, a quasi-Christianised theology
of reconciliation and forgiveness. It is simply symptomatic of the asymmetrical
relations constitutive of the relationship between African postcolonial societies
and the West that African humanism in general and Ubuntu in particular will
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INTRODUCTION
sense, it should be considered First Philosophy – that which ‘indicates [the] scientific
discipline of a beginning’ (Farber 1963: 315). Ever since Aristotle, philosophers in
the Western tradition have argued that philosophy requires a fundamental,
grounding discipline that is closed in itself, with its own problems. This discipline,
‘with inner necessity’, would precede all other philosophical disciplines and would
ground them methodologically and theoretically. Whatever this discipline is, its
status would be that of First Philosophy.
In ‘Concern with Politics in Recent European Philosophical Thought’, Hannah
Arendt reminds us that the Western articulation of philosophy started with the
Greeks, for whom the activity of philosophising was rooted in a sense of wonder.
She also points out that the Greeks ‘had refused to accept [this sense of wonder
also] as the preliminary condition for political philosophy’ (1994: 430, emphasis
added). Philosophy, she notes, ‘has shown an unhappy inclination to treat this one
of her many children as though it were a stepchild’. This disavowal of political
philosophy was premised on a binary distinction between thought and action,
reflection on and participation in public affairs, according to which the former
was always considered superior. The reason that political philosophy was considered
a second-class citizen in the pantheon of human sciences was due to its proximity
to praxis – doing, acting. This means that when my imaginary black, postgraduate
law student posits the political as First Philosophy, she is doing so in violation of
any Western philosophical conception of what may legitimately be posited as First
Philosophy. In short, to insist on the political as First Philosophy is to relativise
philosophy itself as a specific context, culture or civilisation and therefore a political
endeavour. A hegemonic philosophical tradition, such as that of the West, is very
good at concealing from itself the simple fact of this historical contingency, the
fact that it is an ethno-philosophy in the sense of belonging to a people or a
civilisation that we roughly and obscurely refer to as the ‘West’. Historically
marginalised traditions, on the other hand, have no choice but to depart from this
recognition of thought as ethno-specific because that is the very condition, the sine
qua non, upon which a conversation between equals who are not yet equal, must
be premised. I think of this as the first feature, the ground zero of critical humanism.
At the risk of labouring the point, let me illustrate this notion specifically in relation
to the question of Ubuntu.
Ubuntu is about power. More accurately, to write about Ubuntu is to engage in
a struggle for power. By all accounts, power is the last thing we should associate
with Ubuntu because it has become a synecdoche for a whole range of non-violent
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political praxes, such as forgiveness and reconciliation. But the reduction of Ubuntu
to a synecdoche of the apolitical, sometimes even anti-political, is at best naive and
at worst sinister. Not recognising that the founding assumption of postcolonial
Ubuntu discourse, namely that it is a unique philosophy and a sign of African
authenticity, as well as not acknowledging the process through which Ubuntu has
been inducted into service in the name of a struggle for recognition, has resulted in
Ubuntu becoming complicit in a particular kind of violence that we have come to
associate with a Western, modernist understanding (and its contestations) of identity
politics in terms of personal and cultural autonomy and/or sovereignty. Contrary
to this naivety, we should recognise as our point of departure that every attempt to
speak about Ubuntu is an exercise in power, a primordial attempt to get the fact
and meaning of blackness, black values, traditions and concepts recognised as of
equal value to the people for whom they matter. It is an attempt to put this on the
agenda, to have it understood and taken seriously. As Drucilla Cornell comments
in ‘Ubuntu and Subaltern Legality’: ‘To even take Ubuntu seriously, or more precisely,
to demand that Ubuntu be taken seriously, is to challenge the racist assertion that
somehow or another this African value, because it is so contested in its meaning,
is too vague to have any moral, let alone legal purchase’ (2014). But it is not only
about recognising the fact that to speak about Ubuntu is to engage in a political
struggle for recognition. It is much more complicated than that because we also
have to recognise that this struggle will change the way we think about Ubuntu.
We do not only struggle to get Ubuntu recognised; the struggle for recognition also
determines how we come to think about Ubuntu. We do not speak of Ubuntu
because it happens to be interesting; we speak of it, in part, because we need to
make a point about being black in a white world and African in a Western-dominated
world. At the same time that ‘making a point about Ubuntu’ is motivated by a
desire to change the world, making that point also changes what it means to be
black in that world. There can never be anything naive about speaking of blackness.
For that, the Black – as Frantz Fanon would name them/us – was always too late.
Blacks come to speak of our-/themselves as a struggle. They/we do not tell the
world about lost, ancient African civilisations because they are interesting, but
because every act of recollection is an act of struggle that seeks to make a point. It
is a way of asserting blackness, of power asserting itself as memory.
To speak of Africa is to struggle for power, to assert power, to assert presence.
This is why to say that ‘Africans have Ubuntu’ is never simply to make a disinterested
observation about Africans, but a statement we should feel, experience and
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